Section 4175. Records; unrecorded births and deaths  


Latest version.
  • 1. If at any time after
      the  birth,  or  within  one  year of the death of any person within the
      state, a certified copy of the official record of said  birth  or  death
      with  the  information  required  to  be  registered by this article, be
      necessary for legal, judicial, or  other  proper  purposes,  and,  after
      search by the commissioner or his representatives, it should appear that
      no  such certificate of birth or death was made and filed as provided by
      this article,  then  the  commissioner  shall  immediately  require  the
      physician  or  nurse-midwife,  who,  being  in  attendance upon a birth,
      failed or neglected  to  file  a  certificate  thereof  or  the  funeral
      director, undertaker or other person who, having charge of the interment
      or removal of the body of a deceased person, failed or neglected to file
      the  certificate of death, if he or she be living, to obtain and file at
      once with the local registrar such certificate in as  complete  form  as
      the lapse of time will permit.
        2.  With  said  delayed  certificate  shall  be  filed such statements
      subscribed and affirmed by the persons making them  as  true  under  the
      penalties  of  perjury  and  other  evidence  as  may be required by the
      commissioner.
        3. If the physician, nurse-midwife,  funeral  director  or  undertaker
      responsible  for  the report, is deceased or cannot be located, then the
      person making application for the certified copy of the record may  file
      such  certificate  of  birth  or  death  together  with  such statements
      subscribed and affirmed by the persons making them  as  true  under  the
      penalties of perjury and other evidence as the commissioner may require.
        4.  The commissioner shall file such certificate and issue a certified
      copy thereof to said applicant without fee.
        5.  The  delinquent  physician,   nurse-midwife,   funeral   director,
      undertaker,  or  other person may, in the discretion of the commissioner
      be prosecuted as required by this article, without bar from the  statute
      of  limitations, if he or she shall neglect or fail to file promptly the
      certificate required by this section.